Request for additional documents - instructions + new timeframe?

[nickmpco]

Hi All,

I was on a Tier 2 visa until 2019 where I settled. My wife was on a Tier 2 dependent visa, but not for 5 years at that point so she was not eligible to settle with me. We extended her Tier 2 dependent visa. She is now eligible to settle as she has spend 5 years on this visa, but we can't find the right form!

I thought it should be Set(O), but the online application does not permit me to input that I have already settled. Rather, I can only list that I have applied for or have been granted a Tier 2 visa - for example they want my employer's sponsor licence number etc... but it has been 2 years since they have sponsored me!

Should I look to apply using Set(M) instead? Or should I continue with Set(O), filling out questions as if I have not already settled?

Oh and one last question if I may! The Set(O) guidance states: "When you apply for settlement, you and your partner must: be living together in your own accommodation not be using public funds." But I have received child benefits ever since I received ILR! This has me very worried, but I did seek out advice on this! Do you think that this applies for where neither spouse has ILR, or have I screwed us?

Thanks all.

[CR001]

Set O is the correct form.

You need to put your last tier 2 details where asked

[nickmpco]

Set O is the correct form.

You need to put your last tier 2 details where asked

Perfect, thanks. Any insight about the public funds btw? I received them having settled, but the Set(o) guidance clearly says neither spouse can receive.

[CR001]

No issue re child benefit.

[nickmpco]

Hi There,

My wife is applying for ILR Set(O) as a Tier 2 dependent using the priority service. Biometrics enrolled on Saturday. She received an email yesterday asking for proof of cohabitation - but they did say how she should provide this? Would this be by responding to the email, via UKCVAS like the other docs, or something else?

Does anybody know how requests for additional information impact the priority service timeframe? Is it still the 5 days - or have they bought themselves more time? Just to note they did not ask for these documents as part of the the application, we provided everything they requested.

[CR001]

Reply and send to the email.

Cohabitation documents in both your names for the last two years are mandatory,it is the proof of subsisting relationship the guide and rules states.

The checklist is generic. Would have been useful had you asked this question on documents check before applying.

It is possible the application will not be priority now and fall within the standard service.

[nickmpco]

thank you - shoot. Just to defend myself a bit on this one - the checklist was not generic. It was a customised list of required documents based on our own circumstances. For example, it references police certificate, transcripts, it does not require proof of LUK given it was taken recently and information online. We provided them exactly what they requested.

The guidelines also mention things like proving income, which is not relevant for her immigration category.

Was it so crazy to have not known this was required?